BILL NUMBER: AB 1087	CHAPTERED  09/12/00

	CHAPTER   405
	FILED WITH SECRETARY OF STATE   SEPTEMBER 12, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 11, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 28, 2000
	AMENDED IN SENATE   MAY 26, 2000
	AMENDED IN SENATE   MAY 1, 2000
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Calderon
   (Coauthor:  Senator Karnette)

                        FEBRUARY 25, 1999

   An act to amend Section 45023.4 of the Education Code, relating to
teacher salaries, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1087, Calderon.  Teachers:  salaries.
   Existing law, known as the Jack O'Connell Beginning-Teacher Salary
Incentive Program, authorizes the governing board of a school
district, the county superintendent of schools, or the county board
of education to increase, for teachers who meet certain requirements,
the salary on its adopted certificated employee salary schedule.
Any school district that elects to meet the program's requirements is
eligible to receive an incentive amount that is calculated pursuant
to a specified formula.
   This bill would revise the incentive formula established for
purposes of the Jack O'Connell Beginning-Teacher Salary Incentive
Program.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 45023.4 of the Education Code is amended to
read:
   45023.4.  (a) This section shall be known, and may be cited, as
the Jack O'Connell Beginning-Teacher Salary Incentive Program.
Commencing in the 1999-2000 fiscal year the governing board of a
school district, the county superintendent of schools, or the county
board of education may increase, for teachers who meet the
requirements of this subdivision, the salary on its adopted
certificated employee salary schedule as provided in subdivision (b).
  Any school district that elects to meet the requirements of this
section shall be eligible to receive the incentive amount provided by
subdivision (c).  For purposes of this section, any teacher for whom
the governing board, county superintendent of schools, or county
board of education may increase salaries shall meet all of the
following criteria:
   (1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
   (2) Possess a baccalaureate or higher degree.
   (3) Receive a salary paid from the general fund of the district or
county office.
   (b) The governing board, county superintendent of schools, or
county board of education that elects to increase teachers' salaries
as authorized pursuant to subdivision (a) shall perform the following
computations:
   (1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting or exceeding the
criteria in subdivision (a) an amount equal to a minimum annual
salary of thirty-two thousand dollars ($32,000).  If this salary
change results in costs to the school district or county office of
education that are equal to or greater than the incentive received
pursuant to subdivision (c), the minimum salary shall be thirty-two
thousand dollars ($32,000).  If this salary change results in costs
to the school districts or county offices of education that are less
than the incentive received, the remainder shall be used to increase
the beginning salary by an amount above thirty-two thousand dollars
($32,000) which fully applies the incentive received.
   (2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule is
less than the amount computed in paragraph (1) and, notwithstanding
Section 45028, shall incorporate that increase into the salary
schedule.
   (3) The newly adopted salary schedule shall contain only one cell
that meets the amount set forth in paragraph (1), which most often is
the first-year step of a salary schedule column for certificated
personnel who meet the criteria set forth in subdivision (a).  All
other salary schedule cells shall exceed the level set forth in
paragraph (1) for personnel that meet the criteria in subdivision
(a).
   (c) In the 1999-2000 fiscal year, the Superintendent of Public
Instruction shall divide the amount appropriated for the purposes of
this section by the 1998-99 second principal apportionment average
daily attendance for all school districts and county offices of
education in the state.  Each school district and county office of
education that certifies to the Superintendent of Public Instruction
that it is in full compliance with this section shall receive
following that certification an amount equal to the results of the
calculation multiplied by the participating school district's or
county office's 1998-99 second principal apportionment average daily
attendance.
   (d) For the 2000-01 fiscal year and each fiscal year thereafter,
for each school district that meets the requirements of subdivision
(b), the Superintendent of Public Instruction shall sum the results
of paragraphs (1) and (2) and add that figure to the total school
district revenue limit computed pursuant to Section 42238.
   (1) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase computed pursuant to subdivision (b) of
Section 42238.1 and multiply the resulting product by the school
district's second period average daily attendance for the prior
fiscal year excluding attendance in regional occupational centers and
programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
   (2) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase computed pursuant to subdivision (b) of
Section 42238.1 and multiply the resulting product by the school
district's second period average daily attendance for the prior
fiscal year in regional occupational centers and programs, excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8.
   (e) For the 2000-01 fiscal year and each fiscal year thereafter,
for each county office of education that meets the requirements of
subdivision (b), the Superintendent of Public Instruction shall add
the sum of paragraphs (1) and (2) to the county office of education
revenue limit computed pursuant to Section 2550.
   (1) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year
excluding attendance in regional occupational centers or programs,
adult education programs, and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8.
   (2) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year in
regional occupational centers or programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
   (f) The adjustment to the school district and county office of
education revenue limit prescribed in subdivisions (d) and (e) shall
continue so long as the increase in the salary schedule made pursuant
to paragraph (2) of subdivision (b) is maintained.
   (g) The adjustment made to school district or county office of
education revenue limits pursuant to subdivisions (d) and (e) shall
not be considered part of the base revenue limit for purposes of
computing equalization adjustments or determining other differences
in school funding that are based on the amount of funding received by
a school district or county office of education.
   (h) This section does not prohibit a school district and its
employees from negotiating salary schedules.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to revise the funding formula for the incentive amount
provided to school districts that participate in the Jack O'Connell
Beginning-Teacher Salary Incentive Program at the earliest possible
time it is necessary for this act to take effect immediately.
